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HomeMy WebLinkAbout07252006 PZ r--... CITY OF SEBASTIAN ~ L PLANNING AND ZONING COMMISSION "/ " ~!\lllMAN . (BOARD) I _ 2. C!ollt""'l~ ~t~ APPROVED~ ~ATr:ti ~if. APPRovel1Su JEer TO MINUTES OF SPECIAL MEETING JULY 25, 2006 -.. - Chmn. Allocco called the meeting to order at 7:00P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Allocco Mr. Morrison (a) Mr. Mahoney Mr. Buchanan (a) Mr. Oakes '-'11. r _-J Mr. Cardinale EXCUSED: Mr. Simmons Mr. Paul ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Linda Lohsl, Recording Secretary Rich Stringer, City Attorney AI Minner, City Manager ANNOUNCEMENTS: Chmn. Allocco announced Mr. Simmons and Mr. Paul are excused and Mr. Morrison and Mr. Buchanan will be voting. APPROVAL OF MINUTES: P&Z Regular Meeting 7/06/06 MOTION by Keough/Cardinale to approve the minutes of July 6, 2006. ROLL CALL: Chmn. Allocco Mr. Morrison Mr. Oakes Mr. Buchanan yes yes yes yes Mr. Mahoney Mr. Keough Mr. Cardinale yes yes yes The vote was 7-0. Motion passed. OLD BUSINESS: NONE NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN, CONDITIONALUSE PERMIT, AND RIVERFRONT OVERLAY DISTRICT WAIVERS - 1034 & 1109 INDIAN RIVER PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 25, 2006 DRIVE - PARADISE MARINA RESORT - 39 UNIT HOTEL AND AMENITIES - CR AND CWR ZONING Chmn. Allocco announced that he received a phone call from Mr. Gilliams that he would not be attending tonight however, his engineer, Bruce Moia will represent him. Mr. Morrison said he met with Mr. Gilliams and walked the property. Mr. Stringer explained that as a quasi-judicial hearing, the commissioners are to apply the rules to the facts presented tonight. If there is something significant from a prior hearing, please ask questions and allow the applicant to address it in this hearing. Chmn. Allocco swore in the applicant and staff. Mr. Bruce Moia, MBV Engineering, Vero Beach, FL represented Damian Gilliams, Paradise Marina Resort project. The project will consist of a resort hotel with accessory uses such as a tiki bar, breakfast area, pool area, parking, and stormwater utility services. Ms. Grohall added that the applicant will require the Board of Adjustment to approve nine variances from the Land Development Code. She noted concerns and deficiencies with the application. Ms. King reviewed the technical problems with the application. Chmn. Allocco noted a multi-paged letter from Mr. Moia rebutting the items contained within the staff report. Ms. Grohall said since the letter was received that morning, there wasn't enough time to review its contents. Ms. King answered questions from the board regarding parking and other issues. The following people spoke: Arthur Priep, corner of Indian River Drive and Martin Avenue, Sebastian, agreed with the staff comments and expressed concerns that the site plan will need nine variances. Mr. Moia rebutted the comments and wanted to preserve their right for appeal based on any denials that do not relate strictly to code. He addressed the variance issue and other deficiencies noted by staff. There was extensive discussion between the Mr. Moia and the board. Mr. Stringer addressed the issue of back-out parking and the fact that it was taken out of the code many years ago. Regarding the argument of parking in a redevelopment area on the riverfront, there are issues with using a public right-of-way for private parking. Also, the code addresses counting parking spaces for accessory uses such as meeting rooms or bars. The LDC lists certain traffic engineering manuals for design and should meet or exceed the standards of these manuals. He noted that it is better from a pro- active standard to submit a survey showing all trees so large trees would be saved. Mr. Stringer said when considering waivers, it is whether or not it creates an inordinate burden as defined in state law, which is, "the action of the government in applying the code had directly restricted or limited the use of the property such that the owner is permanently unable to attain the reasonable investment back expectation for the existing use or a vested right to a specific use, or that the owner is left with an existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of the burden that should be borne by the public at large." That has not been heard tonight but we've heard that the owner doesn't get to develop it as 2 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 25, 2006 he wants to. There are some serious problems that would justify you as a matter of law in rejecting the request. MOTION by Keough/Morrison to deny the application of Paradise Marina Resort, 1034 and 1190 Indian River Drive; be denied in accordance with the staff report. Mr. Oakes confirmed that a yes vote would mean agreement with the denial and Mr. Stringer added it would be for the site plan and conditional use, which if passed would render the waivers moot. ROLL CALL: Mr. Keough Chmn. Allocco Mr. Morrison Mr. Cardinale yes yes yes yes Mr. Mahoney Mr. Buchanan Mr. Oakes yes yes yes The vote was 7-0. Motion carried unanimously. CHAIRMAN MATTERS: Chmn. Allocco inquired about the signage at the entrance to the new Publix on 512 and Ms. Grohall said the county has been in touch with her regarding the road widening and that all signage would be moved once the road project is completed. MEMBERS MATTERS: Mr. Mahoney asked if there were any restrictions on Mr. Gilliams resubmitting a new or revised application and Ms. Grohall said there were none. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer reported that he recently attended the municipal attorney's association, and issues that come before you are similar to those in other cities. Chmn. Allocco adjourned the meeting at 9:26 p.m. (7/26/06 sbl) 3